the obama administration agrees that this law is unconstitutional. it's now being defended by a lawyer hired by the house of representatives, and the case about is the defense of marriage act constitutional, that is one. there are several different cases raising that issue that the justices are probably going to decide whether to hear today. >> california's prop 8, what would that entail? >> propositional is a very different case because that's really a more fundamental case that potentially could apply in every state of the union. basically that question is does the constitution require that everyone, gay or straight, has the right to get married, and what makes the proposition 8 case potentially so earth-shaking in its politics is that it might not apply only in california. it might apply in the 40 plus states that don't have same-sex marriage. it could essentially bring same-sex marriage to the whole country. that's a very different, much broader issue than the defense of marriage act. >> and, jeffrey, explain to us, what is the difference if you